Dunlap v. Gregory
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action of assumpsit brought by the defendants in error, in the Superior Court of Cook county, against the plaintiff in error, Dunlap, and his partners, Beale Brothers & Eish. Summons was issued November 3, 1883, against the defendants Beale and Fish, which was returned not found. On the same day a capias ad res. was issued against Dunlap, upon which he was arrested.
Read the full summary
Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action of assumpsit brought by the defendants in error, in the Superior Court of Cook county, against the plaintiff in error, Dunlap, and his partners, Beale Brothers & Eish. Summons was issued November 3, 1883, against the defendants Beale and Fish, which was returned not found. On the same day a capias ad res. was issued against Dunlap, upon which he was arrested. November 14, 1883, the 'capias, on motion of his attorney, was quashed, and the capias was ordered to stand as a summons.…
1Opinion of the CourtWilson, J.
It is the settled rule in this State that motions to set aside defaults are addressed to the sound legal discretion of the court, and unless there has been such an abuse of that discretion as works palpable injustice, appellate tribunals will not review such decisions. The Supreme Court has expressed the rule by varied language in different cases. In some of the earlier cases stronger qualifying terms were used than in more recent cases. In Greenleaf v. Roe, 17 Ill. 474, the language is “ very gross and flagrant abuse”; in Rich v. Hatheway, 18 Ill. 549, “ gross and flagrant abuse ”; in Union…
2Cases cited3 opinions
- Mason v. McNamaraIllinois Supreme Court · 1870
- Hitchcock v. HerzerIllinois Supreme Court · 1878
- Greenleaf v. RoeIllinois Supreme Court · 1856
3Cited by3 opinions
- Elaborated Ready Roofing Co. v. HunterAppellate Court of Illinois · 1931
- People v. BitzkusAppellate Court of Illinois · 1911
- Pitzele v. LutkinsAppellate Court of Illinois · 1899